Opinion
1290 CAF 18–01626
01-31-2020
In the Matter of Nicholas B. HERMANN, Petitioner–Respondent, v. Latessa WILLIAMS, Respondent–Appellant.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. BRIAN P. DEGNAN, BATAVIA, FOR PETITIONER–RESPONDENT.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
BRIAN P. DEGNAN, BATAVIA, FOR PETITIONER–RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, respondent mother appeals from an order that, inter alia, granted petitioner father's petition to modify a prior order of custody by granting him sole custody of the subject child. Contrary to the mother's contention, Family Court's determination that the father established a change in circumstances has a sound and substantial basis in the record (see Matter of Hill v. Trojnor, 137 A.D.3d 1671, 1672, 28 N.Y.S.3d 749 [4th Dept. 2016] ). The testimony at the hearing established that there were incidents of domestic violence in the mother's household (see Matter of Schieble v. Swantek, 129 A.D.3d 1656, 1657, 12 N.Y.S.3d 463 [4th Dept. 2015] ; Matter of Pecore v. Blodgett, 111 A.D.3d 1405, 1405–1406, 975 N.Y.S.2d 301 [4th Dept. 2013], lv denied 22 N.Y.3d 864, 2014 WL 1243626 [2014] ) and that the mother had several changes of residence (see Matter of Greene v. Kranock, 160 A.D.3d 1476, 1476, 74 N.Y.S.3d 826 [4th Dept. 2018] ). Contrary to the mother's further contention, the court's determination that it was in the child's best interests for the father to have sole custody is supported by a sound and substantial basis in the record (see Matter of Mauro v. Costello, 162 A.D.3d 1475, 1475, 78 N.Y.S.3d 531 [4th Dept. 2018] ; Matter of Chyreck v. Swift, 144 A.D.3d 1517, 1518, 40 N.Y.S.3d 849 [4th Dept. 2016] ; see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ).
We reject the mother's contention that the court erred in relying on prior litigation between the parties in concluding that the mother was unable or unwilling to foster a relationship between the child and the father. At the outset of the hearing, upon the father's request and without objection from the mother, the court took judicial notice of the prior orders and proceedings involving the parties, which was proper in any event (see Matter of Gugino v. Tsvasman, 118 A.D.3d 1341, 1342, 987 N.Y.S.2d 753 [4th Dept. 2014] ).